9th Cir. 20-35813 Docket

Hecox v. Little
No. 20-35813, Case History (under construction)

Court: U.S. Court of Appeals for the Ninth Circuit
Panel: Andrew J. Kleinfeld, Kim McLane Wardlaw, and Ronald M. Gould

Date Filed	#	Docket Text
09/17/2020	1	DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows:. to be set. Preliminary Injunction Appeal. C.R. 3-3. [11827316] (RT) [Entered: 09/17/2020 09:59 AM]
09/17/2020	2	Filed clerk order (Deputy Clerk: TSP): The court sua sponte consolidates appeal Nos. 20-35813 and 20-35815. These consolidated appeals filed on September 16, 2020 are preliminary injunction appeals. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaires are due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The opening briefs and excerpts of record are due not later than October 14, 2020. The consolidated answering brief is due November 12, 2020 or 28 days after service of the last-filed opening brief, whichever is earlier. The optional reply briefs are due within 21 days after service of the consolidated answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to timely file an opening brief may result in automatic dismissal of by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11827928] [20-35813, 20-35815] (AF) [Entered: 09/17/2020 02:24 PM]
09/18/2020	3	Filed (ECF) Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 Mediation Questionnaire. Date of service: 09/18/2020. [11829481] [20-35813, 20-35815] (Zanzig, W.) [Entered: 09/18/2020 02:28 PM]
09/18/2020	4	The Mediation Questionnaire for this case was filed on 09/18/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11829996]. [20-35813] (AD) [Entered: 09/18/2020 06:44 PM]
09/21/2020	5	Filed (ECF) notice of appearance of Roger G. Brooks (Alliance Defending Freedom) for Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Date of service: 09/21/2020. (Party was previously proceeding with counsel.) [11830461] [20-35813, 20-35815] (Brooks, Roger) [Entered: 09/21/2020 10:31 AM]
09/21/2020	6	Added Attorney(s) Roger Greenwood Brooks for party(s) Appellant-Intervenor Mary Marshall Appellant-Intervenor Madison Kenyon, in case 20-35815. [11830579] [20-35813, 20-35815] (CW) [Entered: 09/21/2020 11:07 AM]
09/21/2020	7	Filed (ECF) Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815 Mediation Questionnaire. Date of service: 09/21/2020. [11830867] [20-35815, 20-35813] (Brooks, Roger) [Entered: 09/21/2020 12:41 PM]
09/21/2020	8	The Mediation Questionnaire for this case was filed on 09/21/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11830878]. [20-35813] (AD) [Entered: 09/21/2020 12:44 PM]
09/23/2020	9	Filed (ECF) notice of appearance of John J. Bursch (Alliance Defending Freedom, 440 First Street NW, Suite 600, Washington, DC 20001) for Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Date of service: 09/23/2020. (Party was previously proceeding with counsel.) [11834051] [20-35813, 20-35815] (Bursch, John) [Entered: 09/23/2020 10:42 AM
09/23/2020	10	Added Attorney(s) John J. Bursch for party(s) Appellant-Intervenor Mary Marshall Appellant-Intervenor Madison Kenyon, in case 20-35815. [11834098] [20-35813, 20-35815] (CW) [Entered: 09/23/2020 11:03 AM]
09/29/2020	11	MEDIATION CONFERENCE SCHEDULED – DIAL IN Assessment Conference, 10/22/2020, 10:00 a.m., PACIFIC Time. The briefing schedule previously set by the court will be reset by separate order. See order for instructions and details. [11840882] [20-35813, 20-35815] (LW) [Entered: 09/29/2020 01:15 PM]
09/29/2020	12	Filed order MEDIATION (LW): The existing briefing schedule is VACATED. The following briefing schedule shall govern this preliminary injunction appeal: The opening briefs and excerpts of record are due not later than November 12, 2020. The consolidated answering brief is due December 10, 2020 or 28 days after service of the last-filed opening brief, whichever is earlier. The optional reply briefs are due within 21 days after service of the consolidated answering brief. [11840960] [20-35813, 20-35815] (SB) [Entered: 09/29/2020 01:44 PM]
09/30/2020	13	Filed (ECF) notice of appearance of Christopher P. Schandevel (Alliance Defending Freedom, 20116 Ashbrook Place, Suite 250, Ashburn, VA 20147) for Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Date of service: 09/30/2020. (Party was previously proceeding with counsel.) [11842494] [20-35813, 20-35815] (Schandevel, Christopher) [Entered: 09/30/2020 01:29 PM]
09/30/2020	14	Added Attorney(s) Christopher Paul Schandevel for party(s) Appellant-Intervenor Mary Marshall and Appellant-Intervenor Madison Kenyon, in case 20-35815. [11842503] [20-35813, 20-35815] (QDL) [Entered: 09/30/2020 01:32 PM]
10/01/2020	15	Filed (ECF) notice of appearance of Dayton P. Reed (Idaho Office of the Attorney General, Civil Litigation Division, P.O. 83720, Boise, ID 83720-0010) for Appellants Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City and Individual Members of the Idaho Code Commission in 20-35813. Date of service: 10/01/2020. (Party was previously proceeding with counsel.) [11844352] [20-35813, 20-35815] (Reed, Dayton) [Entered: 10/01/2020 03:13 PM]
10/01/2020	16	Added Attorney(s) Dayton P. Reed for party(s) Appellant Coby Dennis, Appellant Independent School District of Boise City, Appellant Individual Members of the Idaho Code Commission, Appellant Boise State University, Appellant Bradley Little, Appellant Individual Members of the State Board of Education, Appellant Marlene Tromp, Appellant Individual Members of the Board of Trustees of the Independent School District of Boise City and Appellant Sherri Ybarra, in case 20-35813. [11844385] [20-35813, 20-35815] (QDL) [Entered: 10/01/2020 03:24 PM]
10/15/2020	17	Filed (ECF) notice of appearance of Z Gabriel Arkles (ACLU, 125 Broad St. 18th Floor, New York, NY 10004) for Appellee Lindsay Hecox in 20-35813, Appellee Jane Doe in 20-35815. Date of service: 10/15/2020. (Party was previously proceeding with counsel.) [11859353] [20-35813, 20-35815] (Arkles, Z Gabriel) [Entered: 10/15/2020 07:14 AM]
10/15/2020	18	Added Attorney(s) Z Gabriel Arkles for party(s) Appellee Jane Doe, in case 20-35815 Attorney(s) Z Gabriel Arkles for party(s) Appellee Lindsay Hecox, in case 20-35813. [11859363] [20-35813, 20-35815] (CW) [Entered: 10/15/2020 07:41 AM]
10/15/2020	19	Filed (ECF) notice of appearance of Christiana M. Holcomb (Alliance Defending Freedom, 440 First Street NW, Suite 600, Washington, D.C., 20001) for Appellants-Intervenors Mary Marshall and Madison Kenyon in 20-35815. Date of service: 10/15/2020. (Party was previously proceeding with counsel.) [11860208] [20-35813, 20-35815] (Holcomb, Christiana) [Entered: 10/15/2020 01:39 PM]
10/15/2020	20	Added Attorney(s) Christiana M. Holcomb for party(s) Appellant-Intervenor Mary Marshall Appellant-Intervenor Madison Kenyon, in case 20-35815. [11860469] [20-35813, 20-35815] (CW) [Entered: 10/15/2020 03:18 PM]
10/16/2020	21	Filed (ECF) notice of appearance of Kristen K. Waggoner (Alliance Defending Freedom, 440 First Street NW, Suite 600, Washington, D.C. 20001) for Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Date of service: 10/16/2020. (Party was previously proceeding with counsel.) [11861233] [20-35813, 20-35815] (Waggoner, Kristen) [Entered: 10/16/2020 09:17 AM]
10/16/2020	22	Added Attorney(s) Kristen K. Waggoner for party(s) Appellant-Intervenor Mary Marshall Appellant-Intervenor Madison Kenyon, in case 20-35815. [11861246] [20-35813, 20-35815] (CW) [Entered: 10/16/2020 09:23 AM]
11/07/2020	23	Filed (ECF) notice of appearance of Catherine Ann West (Legal Voice, 907 Pine St., Ste. 500, Seattle WA 98101) for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 11/07/2020. (Party was previously proceeding with counsel.) [11885516] [20-35813, 20-35815] (West, Catherine) [Entered: 11/07/2020 10:14 AM]
11/08/2020	24	Added Attorney(s) Catherine West for party(s) Appellee Jane Doe Appellee Lindsay Hecox, in case 20-35815 Attorney(s) Catherine West for party(s) Appellee Jane Doe Appellee Lindsay Hecox, in case 20-35813. [11885567] [20-35813, 20-35815] (CW) [Entered: 11/08/2020 05:27 PM]
11/12/2020	25	MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11889600] [20-35813, 20-35815] (MS) [Entered: 11/12/2020 09:18 AM]
11/12/2020	26	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Z Gabriel Arkles for Appellee Lindsay Hecox in 20-35813, Attorney Mr. Z Gabriel Arkles for Appellee Jane Doe in 20-35815. Party proceeding without counsel: No. Date of service: 11/12/2020. [11889626] [20-35813, 20-35815] (Arkles, Z Gabriel) [Entered: 11/12/2020 09:25 AM]
11/12/2020	27	Terminated Z Gabriel Arkles for Lindsay Hecox in 20-35813 and Jane Doe in 20-35815 [11889648] [20-35813, 20-35815] (CW) [Entered: 11/12/2020 09:32 AM]
11/12/2020	28	Submitted (ECF) Opening Brief for review. Submitted by Appellants Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City and Individual Members of the Idaho Code Commission in 20-35813. Date of service: 11/12/2020. [11890944] [20-35813, 20-35815] (Zanzig, W.) [Entered: 11/12/2020 03:20 PM]
11/12/2020	29	Submitted (ECF) excerpts of record. Submitted by Appellants Boise State University, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Coby Dennis, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 11/12/2020. [11890951] [20-35813, 20-35815] (Zanzig, W.) [Entered: 11/12/2020 03:24 PM]
11/12/2020	30	Filed clerk order: The opening brief [28] submitted by Boise State University, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [29] submitted by Boise State University, et al. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11891000] [20-35813, 20-35815] (KWG) [Entered: 11/12/2020 03:36 PM]
11/12/2020	31	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jeffrey Shafer for Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Party proceeding without counsel: No. Date of service: 11/12/2020. [11891412] [20-35813, 20-35815] (Brooks, Roger) [Entered: 11/12/2020 06:11 PM]
11/12/2020	32	Terminated Jeffrey Shafer for Mary Marshall and Madison Kenyon in 20-35815 [11891422] [20-35813, 20-35815] (CW) [Entered: 11/12/2020 06:25 PM]
11/12/2020	33	Submitted (ECF) Opening Brief for review. Submitted by Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815. Date of service: 11/12/2020. [11891449] [20-35813, 20-35815] (Brooks, Roger) [Entered: 11/12/2020 08:45 PM]
11/13/2020	34	Filed clerk order: The opening brief [33] submitted by Madison Kenyon and Mary Marshall is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be submitted to the principal office of the Clerk. [11891594] [20-35813, 20-35815] (KWG) [Entered: 11/13/2020 08:23 AM]
11/17/2020	35	Filed (ECF) Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815 Correspondence: Joint Notice of Consent to Filing of Briefs by Amici Curiae. Date of service: 11/17/2020 [11895284] [20-35813, 20-35815] (Brooks, Roger) [Entered: 11/17/2020 08:52 AM]
11/17/2020	36	Received 3 paper copies of excerpts of record [29] in 5 volume(s) filed by Appellant Boise State University. [11895568] [20-35813, 20-35815] (KWG) [Entered: 11/17/2020 10:32 AM]
11/17/2020	37	Filed (ECF) Appellants-Intervenors Madison Kenyon and Mary Marshall in 20-35815 Joint Motion for miscellaneous relief [Joint Request to Amend the Briefing Schedule]. Date of service: 11/17/2020. [11895867] [20-35813, 20-35815] (Brooks, Roger) [Entered: 11/17/2020 12:42 PM]
11/17/2020	38	Received 6 paper copies of Opening Brief [33] filed by Madison Kenyon and Mary Marshall. [11897054] [20-35813, 20-35815] (SD) [Entered: 11/18/2020 09:26 AM]
11/18/2020	39	Received 6 paper copies of Opening Brief [28] filed by Boise State University, et al.. [11898289] [20-35813, 20-35815] (SD) [Entered: 11/18/2020 04:12 PM]
11/19/2020	40	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Women’s Liberation Front. Date of service: 11/19/2020. [11898925] [20-35815, 20-35813] (Adams, Lauren) [Entered: 11/19/2020 09:39 AM]
11/19/2020	41	Filed clerk order (Deputy Clerk: LK): The parties’ joint motion (Docket Entry No. [37]) to amend the briefing schedule is granted. The answering brief is due December 14, 2020. The optional reply brief is due January 8, 2021. [11899082] [20-35813, 20-35815] (AF) [Entered: 11/19/2020 10:31 AM]
11/19/2020	42	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of Nebraska, Alabama, Alaska, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Texas, and West Virginia. Date of service: 11/19/2020. [11899163] [20-35813, 20-35815] (Campbell, James) [Entered: 11/19/2020 11:06 AM]
11/19/2020	43	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Women’s Human Rights Campaign – USA. Date of service: 11/19/2020. [11899191] [20-35813, 20-35815] (Dansky, Kara) [Entered: 11/19/2020 11:13 AM]
11/19/2020	44	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Medical Professionals in Support of Intervenors-Appellants and Urging Reversal. Date of service: 11/19/2020. [11899243] [20-35813, 20-35815] (McCaleb, Gary) [Entered: 11/19/2020 11:26 AM]
11/19/2020	45	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States. Date of service: 11/19/2020. [11899531] [20-35813, 20-35815] (Donnelly, Matthew) [Entered: 11/19/2020 01:38 PM]
11/19/2020	46	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Sandra Bucha, Linda Blade, Vicki Huber-Rudawsky, Inga Thompson, Maria Blower, Rebecca Dussault. Date of service: 11/19/2020. [11900327] [20-35813, 20-35815] (Wenger, Edward) [Entered: 11/19/2020 11:21 PM]
11/20/2020	47	Entered appearance of Amici Curiae Women’s Liberation Front; States of Nebraska, et al.; Women’s Human Rights Campaign – USA; Medical Professionals; United States; and Sandra Bucha, et al.. [11900478] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:45 AM]
11/20/2020	48	Filed clerk order: The amicus brief [40] submitted by Women’s Liberation Front is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900479] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:46 AM]
11/20/2020	49	Filed clerk order: The amicus brief [42] submitted by State of Nebraska, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900484] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:48 AM]
11/20/2020	50	Filed clerk order: The amicus brief [43] submitted by Women’s Human Rights Campaign – USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900489] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:51 AM]
11/20/2020	51	Filed clerk order: The amicus brief [44] submitted by Medical Professionals is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900494] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:54 AM]
11/20/2020	52	Filed clerk order: The amicus brief [45] submitted by United States is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900499] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:56 AM]
11/20/2020	53	Filed clerk order: The amicus brief [46] submitted by Sandra Bucha, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11900509] [20-35813, 20-35815] (KWG) [Entered: 11/20/2020 08:59 AM]
11/20/2020	54	Filed (ECF) notice of appearance of Alexander V. Maugeri (United States Department of Justice, Office of the Assistant Attorney General, 950 Pennsylvania Ave, N.W., Washington, D.C. 20530) for Amicus Curiae United States in 20-35813, 20-35815. Date of service: 11/20/2020. (Party was previously proceeding with counsel.) [11900891] [20-35813, 20-35815] (Maugeri, Alexander) [Entered: 11/20/2020 11:15 AM]
11/20/2020	55	Added Attorney(s) Alexander Virgil Maugeri for party(s) Amicus Curiae United States, in case 20-35815 Attorney(s) Alexander Virgil Maugeri for party(s) Amicus Curiae United States, in case 20-35813. [11900906] [20-35813, 20-35815] (CW) [Entered: 11/20/2020 11:17 AM]
11/20/2020	56	Filed (ECF) notice of appearance of Thomas E. Chandler (United States Department of Justice, Civil Rights Division – Appellate Section; Ben Franklin Station, P.O. Box 14403, Washington, D.C. 20044-4403) for Amicus Curiae United States in 20-35813, 20-35815. Date of service: 11/20/2020. (Party was previously proceeding with counsel.) [11900923] [20-35813, 20-35815] (Chandler, Thomas) [Entered: 11/20/2020 11:21 AM]
11/20/2020	57	Added Attorney(s) Thomas Chandler for party(s) Amicus Curiae United States, in case 20-35815 Attorney(s) Thomas Chandler for party(s) Amicus Curiae United States, in case 20-35813. [11901231] [20-35813, 20-35815] (CW) [Entered: 11/20/2020 01:22 PM]
11/24/2020	59	Received 6 paper copies of Amicus Brief [42] filed by State of Nebraska, et al. [11906789] [20-35813, 20-35815] (SD) [Entered: 11/25/2020 02:08 PM]
11/25/2020	58	Received 6 paper copies of Amicus Brief [43] filed by Women’s Human Rights Campaign – USA. [11906762] [20-35813, 20-35815] (SD) [Entered: 11/25/2020 01:55 PM]
11/25/2020	60	Received 6 paper copies of Amicus Brief [45] filed by United States. [11907117] [20-35813, 20-35815] (SD) [Entered: 11/25/2020 04:10 PM]
11/25/2020	61	Received 6 paper copies of Amicus Brief [44] filed by Medical Professionals. [11907120] [20-35813, 20-35815] (SD) [Entered: 11/25/2020 04:12 PM]
11/27/2020	63	Received 6 paper copies of Amicus Brief [40] filed by Women’s Liberation Front. [11908795] [20-35813, 20-35815] (SD) [Entered: 11/30/2020 09:46 AM]
11/30/2020	62	Received 6 paper copies of Amicus Brief [46] filed by Sandra Bucha, et al. [11908785] [20-35813, 20-35815] (SD) [Entered: 11/30/2020 09:42 AM]
12/14/2020	64	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Lincoln LGBTQ+ Rights Clinic. Date of service: 12/14/2020. [11927166] [20-35813, 20-35815]–[COURT UPDATE: Attached corrected PDF. 12/16/2020 by LA] (Hammer, Gail) [Entered: 12/14/2020 04:45 PM]
12/14/2020	65	Submitted (ECF) Answering Brief for review. Submitted by Appellee Lindsay Hecox in 20-35813, Appellee Jane Doe in 20-35815. Date of service: 12/14/2020. [11927315] [20-35813, 20-35815] (Prelogar, Elizabeth) [Entered: 12/14/2020 06:03 PM]
12/15/2020	66	Filed clerk order: The answering brief [65] submitted by Lindsay Hecox and Jane Doe is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11928596] [20-35813, 20-35815] (LA) [Entered: 12/15/2020 02:28 PM]
12/15/2020	67	Entered appearance of Amicus Curiae Lincoln LGBTQ+ Rights Clinic. [11928631] [20-35813, 20-35815] (LA) [Entered: 12/15/2020 02:37 PM]
12/16/2020	68	Filed clerk order: The amicus brief [64] submitted by Lincoln LGBTQ+ Rights Clinic is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11929513] [20-35813, 20-35815] (LA) [Entered: 12/16/2020 10:01 AM]
12/16/2020	69	Filed (ECF) student, supervisor and dean certifications for law students Chris N. Ryder under the supervision of Gail Anne Hammer. (Party Amicus Curiae Lincoln LGBTQ+ Rights Clinic in 20-35813, 20-35815) Date of service: 12/16/2020. [11929895] [20-35813, 20-35815] (Hammer, Gail) [Entered: 12/16/2020 12:36 PM]
12/18/2020	70	Received 6 paper copies of Answering Brief [65] filed by Lindsay Hecox and Jane Doe. [11933420] [20-35813, 20-35815] (SD) [Entered: 12/18/2020 03:58 PM]
12/21/2020	71	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Women’s Law Center, Lawyers’ Committee for Civil Rights Under Law and 60 Additional Organizations. Date of service: 12/21/2020. [11934138] [20-35813, 20-35815] (Ellsworth, Jessica) [Entered: 12/21/2020 07:49 AM]
12/21/2020	72	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE 176 ATHLETES IN WOMENS SPORTS, THE WOMENS SPORTS FOUNDATION, AND ATHLETE ALLY IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE. Date of service: 12/21/2020. [11934166] [20-35813, 20-35815] (Charles, Carl) [Entered: 12/21/2020 08:21 AM]
12/21/2020	73	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by interACT: ADVOCATES FOR INTERSEX YOUTH. Date of service: 12/21/2020. [11934623] [20-35813, 20-35815] (Knobler, Jonah) [Entered: 12/21/2020 10:42 AM]
12/21/2020	74	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Transgender Women Athletes as Amici Curiae in Support of Plaintiff-Appellees. Date of service: 12/21/2020. [11934659] [20-35813, 20-35815] (Loffler, Jesse) [Entered: 12/21/2020 10:55 AM]
12/21/2020	75	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Academy of Pediatrics, American Medical Association, American Psychiatric Association, and ten (10) additional amici.. Date of service: 12/21/2020. [11934680] [20-35813, 20-35815] (Wilkens, Scott) [Entered: 12/21/2020 11:04 AM]
12/21/2020	76	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former Idaho Attorneys General. Date of service: 12/21/2020. [11934690] [20-35813, 20-35815] (Andre, Sarah) [Entered: 12/21/2020 11:07 AM]
12/21/2020	77	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Teammates, Coaches, and Allies of Transgender Athletes. Date of service: 12/21/2020. [11935150] [20-35813, 20-35815] (Benedetto, Matthew) [Entered: 12/21/2020 01:46 PM]
12/21/2020	78	Received 6 paper copies of Amicus Brief [64] filed by Lincoln LGBTQ+ Rights Clinic. [11935205] [20-35813, 20-35815] (SD) [Entered: 12/21/2020 02:03 PM]
12/21/2020	79	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Altria Group, Inc., Amalgamated Bank, Asana, Inc., Ben and Jerry’s Homemade, Inc., Lush Cosmetics LLC, Nike, Inc., and The Burton Corporation. Date of service: 12/21/2020. [11935268] [20-35813, 20-35815] (Vicari, Angela) [Entered: 12/21/2020 02:21 PM]
12/21/2020	80	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New York, Hawaii, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and District of Columbia. Date of service: 12/21/2020. [11935698] [20-35813, 20-35815] (Fang, Linda) [Entered: 12/21/2020 04:34 PM]
12/21/2020	81	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [93]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defenders and the National Center for Lesbian Rights. Date of service: 12/21/2020. [11935906] [20-35813, 20-35815] (Banks, Christopher) [Entered: 12/21/2020 06:29 PM]
12/21/2020	93	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defenders and the National Center for Lesbian Rights. Date of service: 12/22/2020. [11937404] [20-35813, 20-35815]–[COURT UPDATE: Backdated entry to reflect original submission date. 12/22/2020 by LA] (Manning, Susan) [Entered: 12/22/2020 03:56 PM]
12/21/2020	82	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [95]. Original Text: Filed (ECF) The Trevor Project, Inc. Motion to become amicus curiae. Date of service: 12/21/2020. [11935975] [20-35813, 20-35815] (Hudson, Abbey) [Entered: 12/21/2020 07:30 PM]
12/21/2020	95	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Trevor Project, Inc.. Date of service: 12/21/2020. [11938036] [20-35813, 20-35815]–[COURT UPDATE: Backdated entry to reflect original submission date. 12/23/2020 by LA] (Hudson, Abbey) [Entered: 12/23/2020 10:34 AM]
12/22/2020	83	Entered appearance of Amici Curiae National Women’s Law Center, et al., 176 Athletes in Women’s Sports, et al., interACT: Advocates for Intersex Youth, Transgender Women Athletes, American Academy of Pediatrics, et al., Three Former Idaho Attorneys General, Teammates, Coaches, and Allies of Transgender Athletes, Altria Group, Inc., et al., State of New York, et al., GLBTQ Legal Advocates & Defenders, et al., and Trevor Project. [11936877] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 12:47 PM]
12/22/2020	84	Filed clerk order: The amicus brief [71] submitted by National Women’s Law Center, Lawyers’ Committee for Civil Rights Under Law, and 60 Additional Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936906] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:03 PM]
12/22/2020	85	Filed clerk order: The amicus brief [72] submitted by 176 Athletes in Women’s Sports, Women’s Sports Foundation, and Athlete Ally is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936914] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:07 PM]
12/22/2020	86	Filed clerk order: The amicus brief [73] submitted by interACT: Advocates for Intersex Youth is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936920] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:10 PM]
12/22/2020	87	Filed clerk order: The amicus brief [74] submitted by Transgender Women Athletes is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936921] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:12 PM
12/22/2020	88	Filed clerk order: The amicus brief [75] submitted by American Academy of Pediatrics, American Medical Association, American Psychiatric Association, and 10 Additional Health Care Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936928] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:15 PM]
12/22/2020	89	Filed clerk order: The amicus brief [76] submitted by Three Former Idaho Attorneys General is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936931] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:17 PM]
12/22/2020	90	Filed clerk order: The amicus brief [77] submitted by Teammates, Coaches, and Allies of Transgender Athletes is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936935] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:19 PM]
12/22/2020	91	Filed clerk order: The amicus brief [79] submitted by Altria Group, Inc., Amalgamated Bank, Asana, Inc., Ben and Jerry’s Homemade, Inc., Lush Cosmetics LLC, Nike, Inc., and The Burton Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936942] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:23 PM]
12/22/2020	92	Filed clerk order: The amicus brief [80] submitted by States of New York, Hawaii, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington, and District of Columbia is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936951] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:26 PM]
12/22/2020	94	Filed clerk order: The amicus brief [93] submitted by GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11937538] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 04:51 PM]
12/23/2020	96	Entered appearance of Amicus Curiae The Trevor Project, Inc. [11938461] [20-35813, 20-35815] (KWG) [Entered: 12/23/2020 01:45 PM]
12/23/2020	97	ENTRY UPDATED. Filed clerk order: The amicus brief [95] submitted by The Trevor Project, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11938466] [20-35813, 20-35815]–[Updated order to reflect correct submission date of the brief. 12/23/2020 by KWG] (KWG) [Entered: 12/23/2020 01:48 PM]
12/24/2020	98	Received 6 paper copies of Amicus Brief [73] filed by interACT: Advocates for Intersex Youth. [11945146] [20-35813, 20-35815] (SD) [Entered: 12/24/2020 03:17 PM]
12/24/2020	99	Received 6 paper copies of Amicus Brief [71] filed by National Women’s Law Center, Lawyers’ Committee for Civil Rights Under Law, and 60 Additional Organizations. [11945150] [20-35813, 20-35815] (SD) [Entered: 12/24/2020 03:20 PM]
12/24/2020	100	Received 6 paper copies of Amicus Brief [72] filed by 176 Athletes in Women’s Sports, Women’s Sports Foundation, and Athlete Ally. [11945152] [20-35813, 20-35815] (SD) [Entered: 12/24/2020 03:23 PM]
12/24/2020	101	Received 6 paper copies of Amicus Brief [79] filed by Altria Group, Inc., Amalgamated Bank, Asana, Inc., Ben and Jerry’s Homemade, Inc., Lush Cosmetics LLC, Nike, Inc., and The Burton Corporation. [11945156] [20-35813, 20-35815] (SD) [Entered: 12/24/2020 03:26 PM]
12/24/2020	102	Received 6 paper copies of Amicus Brief [75] filed by American Academy of Pediatrics, American Medical Association, American Psychiatric Association, and 10 Additional Health Care Organizations. [11945158] [20-35813, 20-35815] (SD) [Entered: 12/24/2020 03:29 PM]
12/28/2020	103	Received 6 paper copies of Amicus Brief [80] filed by States of New York, Hawaii, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington, and District of Columbia. [11946401] [20-35813, 20-35815] (SD) [Entered: 12/28/2020 03:13 PM]
12/28/2020	104	Received 6 paper copies of Amicus Brief [74] filed by Transgender Women Athletes. [11946412] [20-35813, 20-35815] (SD) [Entered: 12/28/2020 03:16 PM]
12/28/2020	105	Received 6 paper copies of Amicus Brief [77] filed by Teammates, Coaches, and Allies of Transgender Athletes. [11946420] [20-35813, 20-35815] (SD) [Entered: 12/28/2020 03:18 PM]
12/28/2020	106	Received 6 paper copies of Amicus Brief [93] filed by GLBTQ Legal Advocates & Defenders and The National Center for Lesbian Rights. [11946429] [20-35813, 20-35815] (SD) [Entered: 12/28/2020 03:22 PM]
12/29/2020	107	Received 6 paper copies of Amicus Brief [76] filed by Three Former Idaho Attorneys General. [11948317] [20-35813, 20-35815] (SD) [Entered: 12/30/2020 09:20 AM]
01/08/2021	108	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Alexander Virgil Maugeri for Amicus Curiae United States in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 01/08/2021. [11957338] [20-35813, 20-35815] (Chandler, Thomas) [Entered: 01/08/2021 02:20 PM]
01/08/2021	109	Submitted (ECF) Reply Brief for review. Submitted by Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 01/08/2021. [11957404] [20-35813, 20-35815] (Zanzig, W.) [Entered: 01/08/2021 02:39 PM]
01/08/2021	110	Filed clerk order: The reply brief [109] submitted by Boise State University, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11957443] [20-35813, 20-35815] (KWG) [Entered: 01/08/2021 02:46 PM]
01/08/2021	111	Submitted (ECF) Reply Brief for review. Submitted by Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 01/08/2021. [11957688] [20-35815, 20-35813]–[COURT UPDATE: Attached corrected PDF of the brief. 01/12/2021 by KWG] (Brooks, Roger) [Entered: 01/08/2021 04:05 PM]
01/08/2021	112	Terminated Alexander Virgil Maugeri for United States in 20-35813 and 20-35815 [11957886] [20-35813, 20-35815] (QDL) [Entered: 01/08/2021 05:21 PM]
01/12/2021	113	Filed clerk order: The reply brief [111] submitted by Madison Kenyon and Mary Marshall is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11960217] [20-35813, 20-35815] (KWG) [Entered: 01/12/2021 09:24 AM]
01/14/2021	114	Received 6 paper copies of Reply Brief [109] filed by Boise State University, et al. [11965187] [20-35813, 20-35815] (SD) [Entered: 01/15/2021 09:47 AM]
01/15/2021	115	This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for May 2021 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[11966637]. [20-35813, 20-35815] (AW) [Entered: 01/15/2021 05:11 PM]
01/19/2021	116	Received 6 paper copies of Reply Brief [111] filed by Madison Kenyon and Mary Marshall . [11968421] [20-35813, 20-35815] (SD) [Entered: 01/19/2021 03:38 PM]
01/20/2021	117	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Elizabeth Prelogar for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 01/20/2021. [11968960] [20-35813, 20-35815] (Prelogar, Elizabeth) [Entered: 01/20/2021 06:34 AM]
01/20/2021	118	Terminated Elizabeth Prelogar for Jane Doe and Lindsay Hecox in 20-35813 and 20-35815 [11969033] [20-35813, 20-35815] (QDL) [Entered: 01/20/2021 08:15 AM]
01/21/2021	119	Filed (ECF) notice of appearance of Chase Bachrach Strangio (American Civil Liberties Union, 125 Broad Street, 18th Floor, New York, NY 10004) for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 01/21/2021. (Party was previously proceeding with counsel.) [11974266] [20-35813, 20-35815] (Strangio, Chase) [Entered: 01/21/2021 08:09 AM]
01/21/2021	120	Added Attorney(s) Chase Strangio for party(s) Appellee Jane Doe and Appellee Lindsay Hecox, in cases 20-35815 and 20-35813. [11974469] [20-35813, 20-35815] (QDL) [Entered: 01/21/2021 09:50 AM]
02/21/2021	121	Notice of Oral Argument on Monday, May 3, 2021 – 09:30 A.M. – Courtroom 1 – Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, May 3, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12010619]. [20-35813, 20-35815] (KS) [Entered: 02/21/2021 06:08 AM]
02/24/2021	122	Filed (ECF) notice of appearance of Elizabeth P. Hecker (United States Department of Justice, Civil Rights Division, Appellate Section; Ben Franklin Station, P.O. Box 14403, Washington, D.C. 20044-4403) for Amicus Curiae United States in 20-35813, 20-35815. Date of service: 02/24/2021. (Party was previously proceeding with counsel.) [12014547] [20-35813, 20-35815] (Hecker, Elizabeth) [Entered: 02/24/2021 08:08 AM]
02/24/2021	123	Added Attorney(s) Elizabeth Hecker for party(s) Amicus Curiae United States, in case 20-35815 Attorney(s) Elizabeth Hecker for party(s) Amicus Curiae United States, in case 20-35813. [12014556] [20-35813, 20-35815] (DJV) [Entered: 02/24/2021 08:11 AM]
02/24/2021	124	Filed (ECF) Amicus Curiae United States in 20-35813, 20-35815 Correspondence: Notice of Withdrawal of the United States’ Brief as Amicus Curiae. Date of service: 02/24/2021. [12014630] [20-35813, 20-35815]–[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 02/24/2021 by SLM] (Hecker, Elizabeth) [Entered: 02/24/2021 08:52 AM]
03/09/2021	125	Notice of Oral Argument on Monday, May 3, 2021 – 1:00 P.M. – Courtroom 1 – Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, May 3, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12029795]. [20-35813, 20-35815] (KS) [Entered: 03/09/2021 03:08 PM]
04/06/2021	126	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. W. Scott Zanzig for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813, Attorney Mr. W. Scott Zanzig for – Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City and Individual Members of the Idaho Code Commission in 20-35815. Hearing in Pasadena on 05/03/2021 at 1:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/06/2021. [12065629] [20-35813, 20-35815] (Zanzig, W.) [Entered: 04/06/2021 03:34 PM]
04/06/2021	127	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Roger Greenwood Brooks for Appellants Madison Kenyon and Mary Marshall in 20-35815. Hearing in Pasadena on 05/03/2021 at 1:00 P.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/06/2021. [12065732] [20-35815, 20-35813] (Brooks, Roger) [Entered: 04/06/2021 04:22 PM]
04/07/2021	128	Filed (ECF) Acknowledgment of hearing notice by Attorney Chase Strangio for Appellees Lindsay Hecox and Jane Doe in 20-35815, 20-35813. Hearing in Pasadena on 05/03/2021 at 1:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/07/2021. [12066402] [20-35815, 20-35813] (Strangio, Chase) [Entered: 04/07/2021 11:13 AM]
04/26/2021	129	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Gary McCaleb for Amicus Curiae Medical Professionals in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 04/26/2021. [12086430] [20-35813, 20-35815] (McCaleb, Gary) [Entered: 04/26/2021 11:04 AM]
04/26/2021	130	Terminated Gary McCaleb for Medical Professionals in 20-35813 and Medical Professionals in 20-35815 [12086446] [20-35813, 20-35815] (DJV) [Entered: 04/26/2021 11:09 AM]
05/03/2021	131	ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD. [12100302] [20-35813, 20-35815] (BG) [Entered: 05/03/2021 03:19 PM]
05/04/2021	132	Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/ [12101926] [20-35813, 20-35815] (BG) [Entered: 05/04/2021 03:25 PM]
05/06/2021	133	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): Within 14 days of the date of this order, all parties are requested to file a supplemental letter brief not exceeding 10 pages, double-spaced, addressing the following questions: 1) Is Lindsay Hecox’s claim moot because she is not enrolled at Boise State University? 2) Does Jane Doe have standing based on the risk of having her sex disputed? IT IS SO ORDERED. [12104851] [20-35813, 20-35815] (AF) [Entered: 05/06/2021 02:25 PM]
05/20/2021	134	Submitted (ECF) Letter Brief for review. Submitted by Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 05/20/2021. [12120115] [20-35813, 20-35815]–[COURT UPDATE: Attached corrected PDF of the brief, removed exhibits see [136]. 05/21/2021 by KWG] (Zanzig, W.) [Entered: 05/20/2021 04:18 PM]
05/20/2021	135	Submitted (ECF) Letter Brief for review. Submitted by Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 05/20/2021. [12120291] [20-35813, 20-35815]–[COURT UPDATE: Updated docket text to reflect correct brief type and attached corrected PDF of the brief. Removed PDF of the exhibit see [140]. 05/24/2021 by KWG] (Hartnett, Kathleen) [Entered: 05/20/2021 08:10 PM]
05/20/2021	136	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Motion to supplement record on appeal. Date of service: 05/20/2021. [12120305] [20-35813, 20-35815] (Brooks, Roger) [Entered: 05/20/2021 11:51 PM]
05/20/2021	137	Submitted (ECF) Letter Brief for review. Submitted by Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 05/20/2021. [12120307] [20-35813, 20-35815] (Brooks, Roger) [Entered: 05/20/2021 11:55 PM]
05/21/2021	138	Filed clerk order: The letter brief [137] submitted by Madison Kenyon and Mary Marshall is filed. No paper copies are required at this time. [12120479] [20-35813, 20-35815] (KWG) [Entered: 05/21/2021 09:00 AM]
05/21/2021	139	Filed clerk order: The letter brief [134] submitted by Boise State University, et al. is filed. No paper copies are required at this time. [12121241] [20-35813, 20-35815] (KWG) [Entered: 05/21/2021 02:00 PM]
05/21/2021	140	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 Motion to supplement record on appeal. Date of service: 05/21/2021. [12121308] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 05/21/2021 02:45 PM]
05/24/2021	141	Filed clerk order: The letter brief [135] submitted by Lindsay Hecox and Jane Doe is filed. No paper copies are required at this time. [12121951] [20-35813, 20-35815] (KWG) [Entered: 05/24/2021 08:03 AM]
05/26/2021	142	Filed text clerk order (Deputy Clerk: AF): Intervenors-Appellants’ motion to supplement the record on appeal (EFC #[136]) is granted. Plaintiffs-Appellees Lindsay Hecox and Jane Doe’s motion to supplement the record on appeal (EFC #[140]) is granted. [12125870] [20-35813, 20-35815] (AF) [Entered: 05/26/2021 04:04 PM]
06/24/2021	143	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): This case is remanded to the district court for the limited purpose of determining whether Lindsay Hecox’s claim is moot in light of her changed enrollment status at Boise State University (BSU). We cannot maintain jurisdiction over a case “where no actual or live controversy exists.” Foster v. Carson, 347 F.3d 742, 745 (9th Cir. 2003) (citation omitted). However, because “[i]t is no small matter to deprive a litigant of the rewards of its efforts,” we dismiss a case for mootness “only if it [is] absolutely clear that the litigant no longer ha[s] any need of the judicial protection” sought. United States v. Larson, 302 F.3d 1016, 1020 (9th Cir. 2002) (emphasis added) (quoting Adarand Constructors, Inc. v. Slater, 528 U.S. 216, 224 (2000) (per curiam)). Hecox is not currently enrolled at BSU, but declared she plans to re-enroll in January 2022, after achieving in-state residency. Whether an actual case or controversy remains in these circumstances is a close question. Compare Jacobs, 420 U.S. 128, 129 (case moot where students graduated) and Fox v. Bd. of Trustees of State Univ. of New York, 42 F.3d 135, 137, 142, 43 (2d Cir. 1994) (case moot where students no longer attending and could not show they were actually planning or able to return) with Clark v. City of Lakewood, 259 F.3d 996, 1006, 1011, 12 (9th Cir. 2001), as amended (Aug. 15, 2001) (case not moot even where business was not currently operating, because of expressed intent to re-start operation in the future). The post-argument briefing and declarations by the parties on the question of mootness failed to resolve the issue, and served only to raise further questions. There are currently too many open factual questions to determine “cautiously and with care,” Larson, 302 F.3d at 1020, whether we can grant Hecox “any effectual relief whatever,” Church of Scientology of California v. United States, 506 U.S. 9, 12 (1992) (citation omitted). In particular, it is essential to know whether Hecox would be eligible to play for BSU if she re-enrolled and made the team. In a May 12, 2021, declaration, Hecox asserted, without explanation or support, that she remains eligible to play under NCAA rules. The Defendants argue, based on their interpretation of the NCAA rules, that Hecox is not eligible because she did not take enough credits in her first two years at BSU. Neither side provided evidence regarding how the NCAA rules apply in Hecox’s specific situation. For instance, does the fact that she withdrew from classes before the deadline to drop classes impact her status for NCAA eligibility purposes? Has the NCAA created any COVID-related exceptions to its requirements that apply to Hecox? It would be best to hear from a school administrator, NCAA representative, or other authority on NCAA eligibility. The mootness analysis would also be aided by more information regarding the BSU re-enrollment process, the steps Hecox has taken toward re-enrollment, and the availability of BSU women’s sports outside of NCAA teams. Is Hecox still an admitted student who can re-enroll at BSU whenever she desires, or are there barriers to re-enrollment? Does she have evidence of savings, discussions with administrators, or anything else that shows a concrete plan to re-enroll? That Hecox dropped out of BSU within a week of not making the track or cross-country teams is also troubling. It would be useful to know what the Fall 2020 deadline for dropping classes was, and the penalty for dropping out after that deadline. And if Hecox is not eligible to play on the NCAA teams or does not make those teams, are there BSU women’s club teams that she plans to join instead? We are not well positioned to answer these questions, or any other issues of fact regarding Hecox’s enrollment status or NCAA eligibility. We remand so that the district court can develop the record, resolve any factual disputes, and apply the required caution and care to the initial mootness determination. See Larson, 302 F.3d at 1020. This court otherwise retains jurisdiction over this appeal. Submission of this case is vacated, and further proceedings are held in abeyance pending the district court’s decision on the remanded issue. The parties shall advise this court within seven (7) days of the district court’s decision. See FRAP 12.1(b). IT IS SO ORDERED. [12153687] [20-35813, 20-35815] (AF) [Entered: 06/24/2021 02:53 PM]
01/07/2022	144	Filed (ECF) Amicus Curiae Women’s Human Rights Campaign – USA in 20-35813, 20-35815 Correspondence: This is a Notice of Name Change and Email Address for Amicus. As of January 1, 2022, the entity that was known as the Women’s Human Rights Campaign USA is operating as Women’s Declaration International USA. It has updated its email address as appropriate.. Date of service: 01/07/2022 [12334525] [20-35813, 20-35815] (Dansky, Kara) [Entered: 01/07/2022 01:58 PM]
01/07/2022	145	Amicus Curiae Women’s Human Rights Campaign – USA substituted by Amicus Curiae Women’s Declaration International USA [12334596] [20-35813, 20-35815] (JFF) [Entered: 01/07/2022 02:21 PM]
01/10/2022	146	Terminated participation of Court Reporter Wendy Messuri from open cases (for housekeeping purposes, retired) . [12335799] [19-30193, 20-30051, 20-30214, 20-35813, 20-35815, 20-35862, 20-35886, 20-35990, 21-30100, 21-30104, 21-30109, 21-30110, 21-30114, 21-30167, 21-30197, 21-30209, 21-30220, 21-30221, 21-30222, 21-30227, 21-30231, 21-30250, 21-30260, 21-30264, 21-30271, 21-30276, 21-30280, 21-35011, 21-35105, 21-35231, 21-35368, 21-35504, 21-35648, 21-35671, 21-35673, 21-35826, 21-35837, 21-35864, 21-35955, 21-35990, 22-30000] (RY) [Entered: 01/10/2022 12:30 PM]
01/10/2022	147	Entered appearance of Court Reporter Sunny D. Trumbull in this case. [12335806] [20-35813, 20-35815] (RY) [Entered: 01/10/2022 12:33 PM]
07/14/2022	148	Filed clerk order (Deputy Clerk: AF): On June 24, 2021, this Court filed an order remanding to the district court for the limited purpose of determining whether Lindsay Hecox’s claim is moot in light of her changed enrollment status at Boise State University (BSU). We vacated submission of this case, and held further proceedings in abeyance pending the district court’s decision on the remanded issue. We ordered the parties to advise this Court within seven (7) days of the date of the district court’s decision. There has been no report from the parties on proceedings. IT IS ORDERED THAT the parties shall file a joint status report within thirty days of the date of this Order apprising the Court of the status of the issue on remand and the status of this appeal. This Order does not supersede the parties’ prior obligation to advise this Court within seven (7) days of the district court’s decision. [12493996] [20-35813, 20-35815] (AF) [Entered: 07/14/2022 02:05 PM]
07/25/2022	149	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 Correspondence: Joint Status Report Advising the Court of the District Court’s Decision on Mootness. Date of service: 07/25/2022 [12501397] [20-35813, 20-35815] –[COURT UPDATE: Updated docket text to reflect content of filing. 07/25/2022 by TYL] (Hartnett, Kathleen) [Entered: 07/25/2022 01:30 PM]
07/29/2022	150	Filed (ECF) notice of appearance of Cody S. Barnett (Alliance Defending Freedom, 44180 Riverside Pkwy, Lansdowne, VA 20176) for Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 07/29/2022. (Party was previously proceeding with counsel.) [12504925] [20-35813, 20-35815] (Barnett, Cody) [Entered: 07/29/2022 10:02 AM]
07/29/2022	151	Added Attorney(s) Cody S. Barnett for party(s) Appellant Mary Marshall Appellant Madison Kenyon, in case 20-35815 Attorney(s) Cody S. Barnett for party(s) – Madison Kenyon – Mary Marshall, in case 20-35813. [12504935] [20-35813, 20-35815] (DJV) [Entered: 07/29/2022 10:07 AM]
08/03/2022	152	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Motion to file supplemental brief. Date of service: 08/03/2022. [12508871] [20-35813, 20-35815] (Brooks, Roger) [Entered: 08/03/2022 02:41 PM]
08/15/2022	153	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response opposing motion ([152] Motion (ECF Filing), [152] Motion (ECF Filing)). Date of service: 08/15/2022. [12516996] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 08/15/2022 12:45 PM]
08/19/2022	154	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): The motion of Intervenors-Appellants for leave to file a supplemental brief is GRANTED. Within fourteen (14) days of this order, Intervenors shall file a supplemental brief not to exceed fifteen (15) pages, double-spaced, addressing the question of whether the district court correctly determined the mootness issue. Plaintiffs may file a supplemental reply brief not exceeding fifteen (15) pages, double-spaced, no later than September 16, 2022. [12521083] [20-35813, 20-35815] (AF) [Entered: 08/19/2022 12:09 PM]
08/31/2022	155	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Unopposed Motion to extend time to file Supplemental brief until 09/09/2022. Date of service: 08/31/2022. [12530286] [20-35813, 20-35815] (Brooks, Roger) [Entered: 08/31/2022 09:17 AM]
09/01/2022	156	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to motion ([155] Motion (ECF Filing), [155] Motion (ECF Filing)). Date of service: 09/01/2022. [12531610] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 09/01/2022 11:21 AM]
09/01/2022	157	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): Intervenors-Appellants’ unopposed motion for a seven-day extension of time to file supplemental briefing (Dkt. [155]) on the issue of mootness is GRANTED. The parties are also directed to file supplemental briefing on the issue of standing, as “Article III demands that an actual controversy persist throughout all stages of litigation.” West Virginia v. Env’t Prot. Agency, 142 S. Ct. 2587, 2606 (2022) (quoting Hollingsworth v. Perry, 570 U.S. 693, 705 (2013)). Parties should address: (1) Hecox’s injury-in-fact, if she cannot meet NCAA eligibility requirements and did not try out for or make the Boise State University women’s cross-country team, see Intervenors-Appellants Mot. for a Seven-Day Extension of Time at 2; and (2) the “causal connection between [her] injury” and the Idaho Fairness in Women’s Sports Act. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). The briefing schedule shall proceed as follows: (1) By September 9, 2022, Intervenors-Appellants shall submit supplemental briefing addressing both standing and mootness of no more than 25 pages in length. (2) By September 23, 2022, Plaintiffs-Appellees shall submit a reply brief of no more than 25 pages in length. IT IS SO ORDERED. [12532185] [20-35813, 20-35815] (AF) [Entered: 09/01/2022 04:43 PM]
09/07/2022	158	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Motion for miscellaneous relief [to Stay the Supplemental Briefing Schedule]. Date of service: 09/07/2022. [12534960] [20-35813, 20-35815] (Brooks, Roger) [Entered: 09/07/2022 12:16 PM]
09/08/2022	159	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to motion ([158] Motion (ECF Filing), [158] Motion (ECF Filing)). Date of service: 09/08/2022. [12536532] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 09/08/2022 05:17 PM]
09/09/2022	160	Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 09/09/2022. [12537494] [20-35813, 20-35815] (Brooks, Roger) [Entered: 09/09/2022 06:39 PM]
09/12/2022	161	Filed clerk order: The supplemental brief [160] submitted by Madison Kenyon and Mary Marshall is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [12538518] [20-35813, 20-35815] (JMR) [Entered: 09/12/2022 03:35 PM]
09/13/2022	162	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): Intervenors-Appellants’ motion to stay the supplemental briefing (Dkt. [158]) is DENIED. Intervenors-Appellants originally requested supplemental briefing to “address the district court’s mootness determination.” Mot. Dkt. [153]. They then filed a motion for a one-week extension of time premised on the assertion that Hecox “apparently did not make the women’s cross-country team for the Fall 2022 semester.” See Mot. Dkt. [155]. Based on the representations in that motion, the Court granted the requested extension and ordered further briefing on the issue of standing. Dkt. [157]. Now, Intervenors-Appellants request a stay of supplemental briefing on the basis that their initial description of the facts was in error and the BSU crosscountry tryouts have apparently not yet been held. Mot. Dkt. [158]. The Court denies their request and directs the parties to brief: (1) the issue of whether the district court correctly determined the mootness issue; (2) the issue of Hecox’s standing. Intervenors-Appellants already filed their brief on September 9, 2022. Plaintiffs-Appellees’ reply brief is due September 23, 2022. Please be advised that we are not inclined to grant further extensions of time, and that the Court should be updated with all relevant facts regarding Hecox’s eligibility and status as they are confirmed. IT IS SO ORDERED. [12538994] [20-35813, 20-35815] (AF) [Entered: 09/13/2022 11:03 AM]
09/16/2022	163	Received 6 paper copies of Supplemental Brief [160] filed by Madison Kenyon and Mary Marshall. (sent to panel) [12542358] [20-35813, 20-35815] (SD) [Entered: 09/16/2022 01:52 PM]
09/23/2022	164	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 Motion to supplement record on appeal. Date of service: 09/23/2022. [12547930] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 09/23/2022 01:07 PM]
09/23/2022	165	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [166]. Original Text: Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to motion ([152] Motion (ECF Filing), [152] Motion (ECF Filing)). Date of service: 09/23/2022. [12547939] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 09/23/2022 01:11 PM]
09/23/2022	166	Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 10/04/2022. [12555653] [20-35813, 20-35815]–[COURT UPDATE: Backdated entry to original submission date. 10/04/2022 by LA] (Hartnett, Kathleen) [Entered: 10/04/2022 12:40 PM]
10/04/2022	167	Filed clerk order: The supplemental brief [166] submitted by Lindsay Hecox and Jane Doe is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [12555813] [20-35813, 20-35815] (LA) [Entered: 10/04/2022 02:10 PM]
10/04/2022	168	Notice of Oral Argument on Tuesday, November 22, 2022 – 2:00 P.M. – Courtroom 2 – Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, November 22, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12556039]. [20-35813, 20-35815] (KS) [Entered: 10/04/2022 04:08 PM]
10/05/2022	169	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Richard Alan Eppink for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 10/05/2022. [12556244] [20-35813, 20-35815] (Eppink, Richard) [Entered: 10/05/2022 08:43 AM]
10/05/2022	170	Terminated Richard Alan Eppink for Jane Doe and Lindsay Hecox in 20-35813 and Jane Doe and Lindsay Hecox in 20-35815 [12556256] [20-35813, 20-35815] (DJV) [Entered: 10/05/2022 08:48 AM]
10/05/2022	171	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mrs. Sarah E. Andre, Esquire for Amicus Curiae Three Former Idaho Attorneys General in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 10/05/2022. [12556266] [20-35813, 20-35815] (Andre, Sarah) [Entered: 10/05/2022 08:56 AM]
10/05/2022	172	Notice of Withdrawal of Csl (ECF Filing) [171] is rejected. Filer must file a motion because permission to withdraw/appoint new counsel is required. [12556307] [20-35813, 20-35815] (DJV) [Entered: 10/05/2022 09:42 AM]
10/06/2022	173	Received 6 paper copies of Supplemental Brief [166] filed by Lindsay Hecox and Jane Doe. (sent to panel) [12557339] [20-35813, 20-35815] (SD) [Entered: 10/06/2022 11:52 AM]
10/18/2022	174	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. W. Scott Zanzig for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813, Attorney Mr. W. Scott Zanzig for – Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City and Individual Members of the Idaho Code Commission in 20-35815. Hearing in San Francisco on 11/22/2022 at 2:00 P.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/18/2022. [12566837] [20-35813, 20-35815] (Zanzig, W.) [Entered: 10/18/2022 03:49 PM]
10/20/2022	175	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Cody S. Barnett for – Madison Kenyon and Mary Marshall in 20-35813, Attorney Mr. Cody S. Barnett for Appellants Madison Kenyon and Mary Marshall in 20-35815. Hearing in San Francisco on 11/22/2022 at 2:00 P.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 17) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/20/2022. [12568424] [20-35813, 20-35815] (Barnett, Cody) [Entered: 10/20/2022 08:41 AM]
10/25/2022	176	Filed (ECF) Acknowledgment of hearing notice by Attorney Kathleen R. Hartnett for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Hearing in San Francisco on 11/22/2022 at 2:00 P.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/25/2022. [12572890] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 10/25/2022 05:47 PM]
11/15/2022	177	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to Court order dated 09/13/2022. Date of service: 11/15/2022. [12587720] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 11/15/2022 12:51 PM]
11/18/2022	178	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Andrew Barr for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Hearing in San Francisco on 11/22/2022 at 2:00 P.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/18/2022. [12591138] [20-35813, 20-35815] (Barr, Andrew) [Entered: 11/18/2022 11:38 AM]
11/22/2022	179	ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD. [12594358] [20-35813, 20-35815] (NAR) [Entered: 11/22/2022 02:59 PM]
11/28/2022	180	Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/ [12596270] [20-35813, 20-35815] (LW) [Entered: 11/28/2022 08:55 AM]
12/13/2022	181	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Dayton P. Reed for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Party proceeding without counsel: No. Date of service: 12/13/2022. [12609120] [20-35813, 20-35815] (Reed, Dayton) [Entered: 12/13/2022 10:38 AM]
12/13/2022	182	Terminated Dayton P. Reed for Sherri Ybarra, Marlene Tromp, Bradley Little, Individual Members of the State Board of Education, Individual Members of the Idaho Code Commission, Individual Members of the Board of Trustees of the Independent School District of Boise City, Independent School District of Boise City, Coby Dennis and Boise State University in 20-35813 [12609133] [20-35813, 20-35815] (NAC) [Entered: 12/13/2022 10:44 AM]
12/16/2022	183	Filed (ECF) notice of appearance of Brian Vernon Church (State of Idaho, Office of the Attorney General, Civil Litigation Division, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 12/16/2022. (Party was previously proceeding with counsel.) [12612403] [20-35813, 20-35815] (Church, Brian) [Entered: 12/16/2022 11:10 AM]
12/16/2022	184	Added Attorney(s) Brian Vernon Church for party(s) Appellant Coby Dennis Appellant Independent School District of Boise City Appellant Individual Members of the Idaho Code Commission Appellant Boise State University Appellant Bradley Little Appellant Individual Members of the State Board of Education Appellant Marlene Tromp Appellant Individual Members of the Board of Trustees of the Independent School District of Boise City Appellant Sherri Ybarra, in case 20-35813. [12612416] [20-35813, 20-35815] (NAC) [Entered: 12/16/2022 11:15 AM]
12/23/2022	185	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. W. Scott Zanzig for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813, Attorney Mr. W. Scott Zanzig for – Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City and Individual Members of the Idaho Code Commission in 20-35815. Party proceeding without counsel: No. Date of service: 12/23/2022. [12617129] [20-35813, 20-35815] (Zanzig, W.) [Entered: 12/23/2022 09:39 AM]
12/23/2022	186	Terminated W. Scott Zanzig for Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 and Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35815 [12617131] [20-35813, 20-35815] (NAC) [Entered: 12/23/2022 09:45 AM]
01/13/2023	187	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 01/13/2023. [12629879] [20-35813, 20-35815] (Barnett, Cody) [Entered: 01/13/2023 08:13 AM]
01/27/2023	188	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [189]. Original Text: Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 Correspondence: Response to citation of supplemental authorities. Date of service: 01/27/2023 [12640867] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 01/27/2023 02:06 PM]
01/27/2023	189	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813 citation of supplemental authorities. Date of service: 01/27/2023. [12640967] [20-35813, 20-35815]–[COURT ENTERED FILING to correct entry [188].] (SLM) [Entered: 01/27/2023 02:47 PM]
01/30/2023	190	FILED MEMORANDUM (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD) Hecox filed a motion to supplement the record on appeal with a declaration (Dkt. 164). Save in unusual circumstances, we consider only the district court record on appeal. Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th Cir. 2003). However,[c]onsideration of new facts may even be mandatory. . . when developments render a controversy moot and thus divest us of jurisdiction. Id. As the facts in Hecox’s declaration bear directly on the question of mootness, we grant her motion to supplement the record on appeal. AFFIRMED. [12641754] [20-35813, 20-35815] (EHC) [Entered: 01/30/2023 11:02 AM]
01/30/2023	191	Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD) All parties are directed to file supplemental letter briefs identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. The briefs shall be filed within 21 days of this Order and are not to exceed 5,000 words. IT IS SO ORDERED. [12641848] [20-35813, 20-35815] (WL) [Entered: 01/30/2023 11:38 AM]
02/15/2023	192	Filed (ECF) notice of appearance of Lincoln D. Wilson (Idaho Attorney General’s Office, P.O. Box 83720, Boise, Idaho 83720-0010) for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 02/15/2023. (Party was previously proceeding with counsel.) [12653531] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 02/15/2023 10:04 AM]
02/15/2023	193	Added Attorney(s) Lincoln Davis Wilson for party(s) Appellant Coby Dennis Appellant Independent School District of Boise City Appellant Individual Members of the Idaho Code Commission Appellant Boise State University Appellant Bradley Little Appellant Individual Members of the State Board of Education Appellant Marlene Tromp Appellant Individual Members of the Board of Trustees of the Independent School District of Boise City Appellant Sherri Ybarra, in case 20-35813. [12653584] [20-35813, 20-35815] (NAC) [Entered: 02/15/2023 10:45 AM]
02/21/2023	194	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [197]. Original Text: Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 Correspondence: Supplemental letter brief identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. Date of service: 02/21/2023 [12657613] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 02/21/2023 03:11 PM]
02/21/2023	195	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [198]. Original Text: Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Correspondence: Supplemental letter brief identifying the claims that remain for decision in the appeal and citing any legal authority issued since May 2021 that bears on those claims.. Date of service: 02/21/2023 [12657830] [20-35813, 20-35815] (Barnett, Cody) [Entered: 02/21/2023 04:09 PM]
02/21/2023	196	COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [201]. Original Text: Filed (ECF) Appellants Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 Correspondence: Supplemental letter brief identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims.. Date of service: 02/21/2023 [12657836] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 02/21/2023 04:11 PM]
02/21/2023	197	Submitted (ECF) Letter Brief for review. Submitted by Appellee Lindsay Hecox in 20-35815, 20-35813. Date of service: 02/21/2023. [12658156]–[COURT ENTERED FILING to replace entry [194].] [20-35815, 20-35813] (JMR) [Entered: 02/22/2023 08:38 AM]
02/21/2023	198	Submitted (ECF) Letter Brief for review. Submitted by Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 02/21/2023. [12658300] [20-35813, 20-35815]–[COURT ENTERED FILING to correct entry [195].] (KT) [Entered: 02/22/2023 09:45 AM]
02/21/2023	201	Submitted (ECF) Letter Brief for review. Submitted by Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 02/21/2023. [12658372] [20-35813, 20-35815]–[COURT ENTERED FILING to correct entry [196].] (KT) [Entered: 02/22/2023 10:17 AM]
02/22/2023	199	Filed clerk order: The letter brief [197] submitted by Lindsay Hecox is filed. No paper copies are required at this time. [12658304] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 09:47 AM]
02/22/2023	200	Filed clerk order: The letter brief [198] submitted by Madison Kenyon and Mary Marshall is filed. No paper copies are required at this time. [12658307] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 09:49 AM]
02/22/2023	202	Filed clerk order: The letter brief [201] submitted by Boise State University, et al. is filed. No paper copies are required at this time. [12658376] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 10:20 AM]
02/28/2023	203	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 02/28/2023. [12663788] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 02/28/2023 01:00 PM]
03/02/2023	204	Filed (ECF) Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 citation of supplemental authorities. Date of service: 03/02/2023. [12666146] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 03/02/2023 02:08 PM]
03/13/2023	205	Filed (ECF) notice of appearance of Dina Marie Flores-Brewer (American Civil Liberties Union of Idaho Foundation, P.O. Box 1897, Boise, ID 83701) for Appellee Lindsay Hecox in 20-35813, 20-35815. Date of service: 03/13/2023. (Party was previously proceeding with counsel.) [12672425] [20-35813, 20-35815] (Flores-Brewer, Dina) [Entered: 03/13/2023 10:15 AM]
03/13/2023	206	Added Attorney Dina Marie Flores-Brewer for party(s) Appellee Lindsay Hecox, in case 20-35815 and in case 20-35813. [12672437] [20-35813, 20-35815] (NAC) [Entered: 03/13/2023 10:17 AM]
03/31/2023	207	Filed (ECF) Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 citation of supplemental authorities. Date of service: 03/31/2023. [12686712] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 03/31/2023 02:11 PM]
04/04/2023	208	Filed (ECF) notice of appearance of Selim Aryn Star (Cooperating Attorney with ACLU of Idaho, 219 S. River Street, Suite 202, Hailey, Idaho 83333) for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 04/04/2023. (Party was previously proceeding with counsel.) [12688708] [20-35813, 20-35815] (Star, Selim) [Entered: 04/04/2023 12:37 PM]
04/04/2023	209	Added Attorney Selim Aryn Star for Appellee Lindsay Hecox, in cases 20-35813 and 20-35815. [12688820] [20-35813, 20-35815] (HH) [Entered: 04/04/2023 01:53 PM]
04/06/2023	210	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/06/2023. [12690197] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/06/2023 09:22 AM]
04/12/2023	211	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/12/2023. [12694147] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/12/2023 11:26 AM]
04/28/2023	212	Filed (ECF) notice of appearance of Timothy J. Longfield (Idaho Attorney General’s Office, P.O. Box 83720, Boise, Idaho 83720-0010) for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 04/28/2023. (Party was previously proceeding with counsel.) [12705178] [20-35813, 20-35815] (Longfield, Timothy) [Entered: 04/28/2023 02:42 PM]
04/28/2023	213	Added Attorney Timothy Longfield for Appellants Bradley Little, et al., in case 20-35813. [12705191] [20-35813, 20-35815] (HH) [Entered: 04/28/2023 02:52 PM]
07/20/2023	214	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Andrew Barr for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 07/20/2023. [12758712] [20-35813, 20-35815] (Barr, Andrew) [Entered: 07/20/2023 11:13 AM]
07/20/2023	215	Terminated Andrew Barr for Lindsay Hecox and Jane Doe in 20-35813 and in 20-35815 [12758715] [20-35813, 20-35815] (NAC) [Entered: 07/20/2023 11:18 AM]
07/31/2023	216	Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 07/31/2023. [12765192] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 07/31/2023 02:54 PM]
08/14/2023	217	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 08/14/2023. [12773847] [20-35813, 20-35815] (Schandevel, Christopher) [Entered: 08/14/2023 04:02 PM]
08/17/2023	218	FILED OPINION (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN) AFFIRMED. Opinion by Judge Wardlaw; Partial Concurrence and Partial Dissent by Judge Christen. FILED AND ENTERED JUDGMENT. [12775784] [20-35813, 20-35815] (MM) [Entered: 08/17/2023 08:38 AM]
08/31/2023	219	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 petition for rehearing en banc (from 08/17/2023 opinion). Date of service: 08/31/2023. [12784694] [20-35813, 20-35815] (Bursch, John) [Entered: 08/31/2023 02:35 PM]
08/31/2023	220	Filed (ECF) Appellants Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis and Individual Members of the Idaho Code Commission in 20-35813 petition for rehearing en banc (from 08/17/2023 opinion). Date of service: 08/31/2023. [12784928] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 08/31/2023 04:30 PM]
09/05/2023	221	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Timothy Longfield for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Party proceeding without counsel: No. Date of service: 09/05/2023. [12786053] [20-35813, 20-35815] (Longfield, Timothy) [Entered: 09/05/2023 08:52 AM]
09/05/2023	222	Terminated Timothy Longfield for Sherri Ybarra, Marlene Tromp, Bradley Little, Individual Members of the State Board of Education, Individual Members of the Idaho Code Commission, Individual Members of the Board of Trustees of the Independent School District of Boise City, Independent School District of Boise City, Coby Dennis and Boise State University in 20-35813 [12786058] [20-35813, 20-35815] (NAC) [Entered: 09/05/2023 08:56 AM]
09/07/2023	223	Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by America First Legal Foundation. Date of service: 09/07/2023. [12788269] [20-35813, 20-35815] (Mitchell, Jonathan) [Entered: 09/07/2023 01:14 PM]
09/07/2023	224	Entered appearance of Amicus Curiae America First Legal Foundation in 20-35813 and 20-35815. [12788369] [20-35813, 20-35815] (LA) [Entered: 09/07/2023 02:41 PM]
09/07/2023	225	Filed clerk order: The amicus brief [223] submitted by America First Legal Foundation is filed. No paper copies are required at this time. [12788374] [20-35813, 20-35815] (LA) [Entered: 09/07/2023 02:44 PM]
09/07/2023	226	Filed (ECF) notice of appearance of Jonathan Franklin Mitchell (Mitchell Law PLLC, 111 Congress Avenue, Suite 400, Austin, Texas 78701) for Amicus Curiae America First Legal Foundation in 20-35813, 20-35815. Date of service: 09/07/2023. (Party was previously proceeding with counsel.) [12788375] [20-35813, 20-35815] (Mitchell, Jonathan) [Entered: 09/07/2023 02:46 PM]
09/07/2023	227	Added Attorney(s) Jonathan F. Mitchell for party(s) Amicus Curiae America First Legal Foundation, in case 20-35815 and in case 20-35813. [12788382] [20-35813, 20-35815] (NAC) [Entered: 09/07/2023 02:49 PM]
09/07/2023	228	Filed order (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN): Appellees are directed to file a response to Appellantsâ€™ petition for rehearing en banc (Dkt. [220]), filed on August 31, 2023, and Intervenorsâ€™ petition for rehearing en banc (Dkt. [219]), filed on August 31, 2023. The response shall not exceed fifteen (15) pages or 4,200 words and shall be filed within twenty-one (21) days of the date of this order. IT IS SO ORDERED. [12788403] [20-35813, 20-35815] (AF) [Entered: 09/07/2023 03:07 PM]
09/07/2023	229	Filed (ECF) notice of appearance of Gene Patrick Hamilton (America First Legal, 611 Pennsylvania Ave SE #231, Washington, DC 20003) for Amicus Curiae America First Legal Foundation in 20-35815, 20-35813. Date of service: 09/07/2023. (Party was previously proceeding with counsel.) [12788616] [20-35815, 20-35813] (Hamilton, Gene) [Entered: 09/07/2023 06:32 PM]
09/08/2023	230	Added Attorney(s) Gene Hamilton for party(s) Amicus Curiae America First Legal Foundation, in case 20-35815 and in case 20-35813. [12788653] [20-35813, 20-35815] (NAC) [Entered: 09/08/2023 07:09 AM]
09/26/2023	231	Filed (ECF) notice of appearance of Julie M. Veroff (Cooley LLP, 3 Embarcadero Center, 20th Floor, San Francisco, CA 94111) for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 09/26/2023. (Party was previously proceeding with counsel.) [12799017] [20-35813, 20-35815] (Veroff, Julie) [Entered: 09/26/2023 10:11 AM]
09/26/2023	232	Added Attorney Julie Veroff for Appellees Lindsay Hecox and Jane Doe, in cases 20-35813 and 20-35815. [12799069] [20-35813, 20-35815] (HH) [Entered: 09/26/2023 10:48 AM]
09/28/2023	233	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing). Date of service: 09/28/2023. [12800720]. [20-35813, 20-35815] (Veroff, Julie) [Entered: 09/28/2023 02:22 PM]
10/10/2023	234	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Lincoln Davis Wilson for Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Party proceeding without counsel: No. Date of service: 10/10/2023. [12806735] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 10/10/2023 08:19 AM]
10/10/2023	235	Terminated attorney Lincoln Davis Wilson for appellants Bradley Little, et al., in 20-35813. [12806996] [20-35813, 20-35815] (HH) [Entered: 10/10/2023 10:21 AM]
10/27/2023	236	Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 10/27/2023. [12816537] [20-35813, 20-35815] (Barnett, Cody) [Entered: 10/27/2023 02:52 PM]
11/06/2023	237	Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 11/06/2023. [12820191] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 11/06/2023 12:30 PM]
11/29/2023	238	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Julie Veroff for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 11/29/2023. [12830179] [20-35813, 20-35815] (Veroff, Julie) [Entered: 11/29/2023 12:58 PM]
11/29/2023	239	Terminated attorney Julie Veroff for for appellees Lindsay Hecox and Jane Doe in 20-35813 and 20-35815. [12830313] [20-35813, 20-35815] (HH) [Entered: 11/29/2023 02:28 PM]
02/22/2024	240	Filed (ECF) notice of appearance of Emily Myrei Croston (ACLU of Idaho, P.O. Box 1897, Boise, ID 83701) for Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815. Date of service: 02/22/2024. (Party was previously proceeding with counsel.) [12862200] [20-35813, 20-35815] (Croston, Emily) [Entered: 02/22/2024 12:55 PM]
02/22/2024	241	Added Attorney Emily Myrei Croston for Appellees Lindsay Hecox and Jane Doe, in cases 20-35813 and 20-35815. [12862202] [20-35813, 20-35815] (HH) [Entered: 02/22/2024 12:57 PM]
03/11/2024	242	Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Dina Marie Flores-Brewer for Appellee Lindsay Hecox in 20-35813, 20-35815. Party proceeding without counsel: No. Date of service: 03/11/2024. [12868070] [20-35813, 20-35815] (Flores-Brewer, Dina) [Entered: 03/11/2024 01:43 PM]
03/11/2024	243	Terminated Dina Marie Flores-Brewer for Lindsay Hecox in 20-35813 and Lindsay Hecox in 20-35815 [12868071] [20-35813, 20-35815] (NAC) [Entered: 03/11/2024 01:45 PM]

Last updated 04/14/2024
Reconciled with online docket 03/14/2024

Equality Case Files

Equal Justice for All

9th Cir. 20-35813 Docket